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1970 Supreme(Ker) 163

Judges : K.SADASIVAN
ELECTRIC AND MOTOR WORKS LTD. - Appellant
Versus
Y.W.C.A., TRIVANDRUM - Respondent
Case No : C. R. P. No. 1480 of 1969
Decided On : 10/26/1970
Advocates Appeared :
G. Viswanatha Iyer; S. Easwara Iyer; For Petitioner C. M. Kuruvilla; For Respondent

Headnote:

public institution - eviction petition - interpretation of S.11(7) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965

Fact of the Case:

The landlord filed an eviction petition under S.11(7) of the Act, alleging that the building is required for expanding the activities of the Young Women's Christian Association (YWCA) in Trivandrum City to provide accommodation for tourists. The tenant contended that the petitioner is not a religious or charitable association or a public institution.

Finding of the Court:

The court found that the YWCA in Trivandrum City is a public institution and providing accommodation for tourists falls within the objects of the association, justifying the eviction.

Issues: The main contention was whether the petitioner is a public institution and if the purpose for eviction falls within the objects of the association.

Ratio Decidendi: The court interpreted the meaning of 'public institution' and found that providing accommodation for tourists falls within the objects of the association, justifying the eviction.

Final Decision: The revision petition was dismissed, and eviction was ordered.

Judgment :-

1. This revision petition is filed by the tenant against the order of eviction passed in a B. R. C. proceeding. The eviction petition was filed by the landlord. The Young Women's Christian Association, Trivandrum City under S.11 (7) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965, alleging that the building in question is required by them for expanding their activities and in particular, to provide accommodation for tourists as part of their service project. For that purpose the building had to be remodelled and reconstructed. The respondent-tenant, contended that the petitioner is not a religious or charitable association or a public institution so as to justify the filing of the petition under S.11 (7) of the Act. According to the respondent, the petitioner is only a social service association partaking the character of a club, providing hostel accommodation for women students, on payment of room rent etc. The allegation that the building is needed for expanding the activities of the Y. W. C. A. was denied. There is sufficient space within the Y. W. C. A. compound itself, for constructing additional buildings. The building is not needed to provide accommodation for tourists. The learned Controller repelling these contentions, ordered eviction. In appeal the learned Appellate Authority reversed that decision; but on revision to the learned District Judge the decision of the Appellate Authority was quashed and eviction was ordered. It is against that order the tenant has come up in revision.

2. The main contention taken up before this Court is that the petitioner is not a religious, charitable or other public institution. It was also contended in the alternative that even if it is found to be a public institution coming within the Section, the building is not needed for purposes of the institution. Clause (7) of S.11 reads:

"Where the landlord of a building is a religious, charitable, educational or other public institution, it may, if the building is needed for the purposes of the institution, apply to the Rent Control Court, for an order directing the tenant to put the institution, in possession of the building-"

In furtherance of the first point namely, that the petitioner is not a public institution, the contention was that the activities of the institution are confined only to the women of Trivandrum and as such, the association cannot be said to be a public institution. Art.3 of the objects of the Trivandrum Young Women's Christian Association reads:

"The object of this Association shall be to promote the spiritual, social, intellectual and physical welfare of the women of Trivandrum and to present fellowship and service as the ideal life"

The word "public" is wide enough to include within its connotation a section of the public. One of the meanings given to the word "public" in the shorter Oxford Dictionary is "devoted or directed to the promotion of the general welfare." The meaning given in the Webeter's New International Dictionary of the English language Vol II is:

"Public The general body of mankind, or of a nation, state, or community; the people, indefinitely; as, the American Public; also, a particular body or aggregation of people; as an author's public."

It is thus, clear that a section of the public or a community can itself be called "public". In Royal Masonic Institution for Boys (Trustees) v. Parkes (1912-3 K.B. 212) it was held that a school established and chiefly maintained by Freemasons for the benefit entirely of those who belong to their own body receiving support to a very small extent from public fund, was a public institution. If a thing is not private then it is public. In this sense the YWCA., Trivandrum can hardly be called a private body. That does not stand for the promotion of the welfare of a particular body or family of persons even if it calls itself a private institution. But in effect it is an organisation for the promotion of some public object which must be broug


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